Review Panel on Common Law Relationships
Opinion on Common-Law Relationships of Jennifer Cooper

Volume 2
Proposed Statute Changes

Proposed Changes to the
Agricultural Producer's Organization Funding Act

Current Act: should read Proposed Act:
Definition of "dependant"

10(1) In this section, "dependant" means a person who resides with a member of the agency and who is

(a)the spouse of a member, including a person who is not married to the member but whom the member represents as his or her spouse; or

(b)a child of the member.

  Definition of "dependant"

10(1) In this section, "dependant" means a person who resides with a member of the agency and who is

(a) the spouse of a member, including a person who is not married to the member but whom the member represents as his or her spouse; or

(b)a child of the member.

Definitions

10(1) In this section

(a) "immediate family" means a person who resides with a member of the agency and who is

(i)the spouse of a member;

(ii)the common-law partner of a member; or

(iii)any child of a member;

(b) "common-law partner" means a person who, not being married to the other person, cohabits with him or her in a conjugal relationship.

Agricultural Producer's Organization Funding Act

Current Act: should read Proposed Act:
Disqualification of agency members

10(2) No member of the agency shall participate in a determination by the agency under Part 3 that an organization is a qualified organization or that a qualified organization is the certified organization if

(a)the member is, or has been within a period of six month s immediately preceding the date on which the determination or certification is to be made by the agency, a member of the executive, or an employee of the organization or any qualified organization that is being considered for certification;

(b)any of his or her dependants is a member of the executive, or is an employee of the organization or any qualified organization that is being considered for certification; or

(c)the member has, within a period of six months immediately preceding the date on which the determination or certification n is to be made by the agency, acted as solicitor, counsel or agent for the organization or any qualified organization that is being considered for certification.

  Disqualification of agency members

10(2) No member of the agency shall participate in a determination by the agency under Part 3 that an organization is a qualified organization or that a qualified organization is the certified organization if

(a)the member is, or has been within a period of six months immediately preceding the date on which the determination or certification is to be made by the agency, a member of the executive, or an employee of the organization or any qualified organization that is being considered for certification;

(b)any of his or her dependants immediate family is a member of the executive, or is an employee of the organization or any qualified organization that is being considered for certification; or

(c)the member has, within a period of six months immediately preceding the date on which the determination or certification n is to be made by the agency, acted as solicitor, counsel or agent for the organization or any qualified organization that is being considered for certification.

 

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Opinion on Common-Law Relationships of
Jennifer A. Cooper, Q.C. - Volume 2

Proposed Changes to the Agricultural Producer's Organization Funding Act
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Review Panel on Common-Law Relationships
Opinion on Common-Law Relationships of Jennifer A. Cooper, Q.C.
Volume 1
Volume 2 (proposed Statute Amendments)

Opinion on Common-Law Relationships of Hon. A.C Hamilton, Q.C.